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Questions and Answers
What is a common consequence for individuals convicted of drink driving offences?
What percentage of drink driving cases are attributed to failure in following the correct procedures by police officers?
What is the primary public perception of drink driving in today's society?
What type of offences does the term 'drink driving' encompass?
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What is the maximum consequence for drink driving offences listed in the content?
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What must happen if a motorist attempts to leave and return during the breath sample procedure?
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In cases where alcohol levels are being investigated, what is the required method of testing?
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What happens if a motorist refuses to provide a specimen when required?
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What should be done if an officer is not available to perform evidential breath testing?
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What precaution should be taken before taking a breath sample to avoid damaging the device?
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In which situation are evidential samples required?
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Where can evidential samples be collected besides a police station?
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Which of the following is NOT a reason for requiring evidential samples?
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What preliminary test may lead a constable to arrest a person without a warrant?
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Under which condition can a constable not arrest a person according to Article 17D?
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Which of the following tests is NOT mentioned as part of the PIT test?
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Under what circumstances may a constable use reasonable force to enter a place?
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Which article outlines the constable's power of arrest without a warrant?
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What is a possible reason for the unavailability of preliminary drug testing kits in Northern Ireland?
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What must a constable suspect to arrest a person under Article 17D?
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What is the purpose of a preliminary breath test according to Article 17(5)?
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What must be proven for a driver to be guilty of being unfit through drink or drugs?
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Who can object to the completion of the evidential procedure?
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What is one condition under which a person is deemed not to have been in charge of a vehicle?
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When is the evidential procedure considered complete?
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What defines a person as 'unfit' to drive due to drink or drugs?
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What does the law state about the likelihood of driving unfit through drink or drugs?
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What is a requirement for conducting the hospital evidential procedure?
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In which case is there no legal limit for being unfit to drive?
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What is the role of the Lion Alcolmeter 500B in the context of the Road Traffic (NI) Order 1995?
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Under what circumstances may a constable require a person to take a preliminary breath test?
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What must police officers state when completing evidence regarding the Lion Alcolmeter 500B?
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Which of the following is NOT a condition under which a constable can require cooperation for a preliminary breath test?
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What does Article 17(2) of the Road Traffic (NI) Order 1995 address?
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What is a factor mentioned that might lead a constable to request a preliminary breath test?
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What is required of an individual who has been requested to take a preliminary breath test?
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Which aspect is included in the suspicion criteria for requiring a preliminary breath test according to Article 17(3)?
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Study Notes
Drink Driving Offences
- Drink driving offences are a serious crime that are a major contributing factor to road accidents.
- The term "drink driving" refers to a variety of offences that include driving or being in charge of a vehicle with alcohol concentration above the prescribed limit, or being unfit to drive due to drink or drugs.
- Conviction for such offences often leads to mandatory disqualification, fine, possible imprisonment, and disciplinary action from your employer.
Preliminary Breath Tests
- Police officers are authorized by the Road Traffic (NI) Order 1995 to require a preliminary breath test (PBT).
- This breath test is a screening process and indicates whether or not a person may be driving or in charge while over the prescribed limit.
- PBTs can also be required if a person is suspected of being unfit through drink or drugs.
- The PSNI uses the Lion Alcolmeter 500B for preliminary breath testing.
Powers of Arrest
- Under the Road Traffic (NI) Order 1995, officers can arrest a person without a warrant under certain conditions:
- When a PBT or checkpoint breath test indicates a reasonable suspicion that the alcohol concentration in the person’s breath or blood exceeds the prescribed limit.
- When a person fails to cooperate with a preliminary test and the officer suspects that the person has alcohol or drugs in their body or is under the influence of drugs.
- Arrest is not permitted while the person is in a hospital as a patient.
Power of Entry
- Officers can enter any place, using reasonable force if necessary, for the purpose of:
- Requiring a PBT following an accident when the officer reasonably suspects that the accident involved injury.
- Arresting a person under Article 17D following an accident when the officer reasonably suspects that the accident involved injury.
Evidential Samples
- Evidential samples must be obtained when someone is being investigated for:
- Causing death, or causing grievous bodily harm, by careless driving while under the influence of drink or drugs
- Driving, attempting to drive, or being in charge while unfit through drink and/or drugs
- Driving, attempting to drive, or being in charge after consuming enough alcohol to exceed the prescribed limit.
- Evidential breath tests can be conducted using the Lion Intoxyliser 6000 at custody suites by trained and authorized officers.
- If the device is not working, an authorized officer is unavailable, or the subject is unable to provide an evidential breath sample, an officer can require an evidential blood or urine sample instead.
Hospital Procedures
- The evidential procedure at a hospital is laid out in form DD/C, accessible on the Police Intranet.
- This is an evidential procedure that can be carried out even if the person has not been arrested or subjected to preliminary tests.
- Only the medical practitioner in immediate charge of the patient can object to the procedure, and only on the grounds of it being prejudicial to the proper care and treatment of the patient.
- The evidential procedure is not complete until the subject has refused the evidential requirement or provided an evidential sample.
Driving Unfit
- Driving unfit through drink or drugs is a separate offense from driving with excess alcohol.
- There is no legal limit for this offense, but the police must prove that the driver was impaired by alcohol and/or drugs at the time of driving.
- This offence includes being in charge of a vehicle while unfit.
- A person is deemed not to be in charge of a vehicle if they can prove that there was no likelihood of them driving the vehicle while unfit.
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Description
This quiz covers drink driving offences, their implications, and the police procedures involved, such as preliminary breath tests. Understand the legal framework and the consequences of being caught drink driving. Test your knowledge on this critical aspect of road safety.
